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Norwood v. Kirkpatrick, 349 U.S. 29 (1955)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Norwood v. Kirkpatrick, 349 U.S. 29 (1955)
Norwood v. Kirkpatrick No. 337 Argued March 4, 1955.-Decided April 11, 1955 349 U.S. 29
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
Syllabus
1. Under 28 U.S.C. § 1404(a), which provides that,
For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought,
the district court has a broader discretion than under the doctrine of forum non conveniens. Pp. 29-33.
2. 28 U.S.C. § 1(a) is not merely a codification of the doctrine of forum non conveniens. P. 32.
3. Three dining car employees who were injured in the derailment of an interstate railroad’s train near Dillon, S.C., brought separate suits against the railroad under the Federal Employers’ Liability Act in a Federal District Court in Pennsylvania. The defendant filed motions to dismiss or, in the alternative, to transfer the cases to the Eastern District of South Carolina. The District Court denied the motions to dismiss and granted the motions to transfer under 28 U.S.C. § 1404(a).
Held: the judgment of the District Court was correct in law and warranted by the facts. Pp. 29-33.
Affirmed.
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Chicago: U.S. Supreme Court, "Syllabus," Norwood v. Kirkpatrick, 349 U.S. 29 (1955) in 349 U.S. 29 Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=M6B43TIPDVGTAHJ.
MLA: U.S. Supreme Court. "Syllabus." Norwood v. Kirkpatrick, 349 U.S. 29 (1955), in 349 U.S. 29, Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=M6B43TIPDVGTAHJ.
Harvard: U.S. Supreme Court, 'Syllabus' in Norwood v. Kirkpatrick, 349 U.S. 29 (1955). cited in 1955, 349 U.S. 29. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=M6B43TIPDVGTAHJ.
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